What Volokh misses, though, is the political dimension. Let's say that such subpoenas get issued. Presumably, some or all of the reporters involved will refuse to divulge their sources. DOJ goes to court, and the First Amendment's self-appointed champions come out of the woodwork to make this a cause celebre. Suddenly, the story is all about how John Ashcroft's Justice Department is being too aggressive in hunting for leaks. Isn't that the ideal result for the White House?